Courtroom Examination II Heather L. King ( heather@koonsfuller )

1. Courtroom Examination IIHeather L. King (heather@koonsfuller.com)

2. Client Homework • Timeline. • Day in the Life List • Questionnaire • The “Bad” Lists

3. Client Homework: Timeline

4. Client Homework: Timeline (cont.)

5. Client Homework: Day in the Life List • He does nothing! • He is a lazy *&%#@!! • I wake up the kids • I dress the kids for school • I feed them breakfast • I pack their lunches and check their back packs • I take them to school • He is such an *&%#@!! • I hate him. • I pick them up from school

6. Client Homework: Day in the Life List • I take them to soccer • I feed them dinner • I make sure they get their homework done • I bathe them • I get them ready for bed • I tuck them in. • I can’t even believe this is happening. • Please tell the judge what an *&%#@! he is!

7. The “Bad” Lists

8. The “Bad” Lists (cont)

9. The “Bad” Lists (cont)

10. The “Bad” Lists (cont.)

11. Direct Examination

12. When your client did a bad…

13. “Family Law Allocution” • Let’s talk about the drinking. • Are you an alcoholic? • When was your last drink? • What steps have uou taken to deal with your alcoholism?

14. Converting Timeline to Direct

15. Converting Timeline to Direct

16. Converting Day In Life List to Direct (cont)

17. Preparing for Cross During Direct[and using machine gunning technique]

18. Mom’s Notes • Lives with girlfriend (Jane) • [per P.I.] • H makes $750/wk + commission $250 = $1,000.00 • [paystub verifies] • Drinks every day • [Liquor store receipts] • He gets monthly botox • [Per W] • Spent $500.00 in strip club • [Credit card bill] • Burner cell phone • [found in briefcase]

19. Mom’s Notes • Does no parenting • [per W] • Does no transportation • [per W] • Doesn’t help with homework • [per W] • Started coaching after divorce • [per W]

20. Preparing for Cross During Direct Direct Notes Cross Notes Lives with girlfriend, Jane Smith (per Private Inv.) Salary $1000/week (paystub); trying to exclude commission Liquor store receipt/bill/clubs • Name • Address • Lives alone • Work • Salary $750/week • Regular hours 9-5 • Drink “rarely”

21. Preparing for Cross During Direct Direct Notes Cross Notes Includes Botox 500/month $500.00 is for strip club Burner phone (found in his briefcase • Expenses • Mortgage/Utilities • “Medical Treatment” $700.00!!! • Car payment • Entertainment $500 is for children • Credit Cards • One Cell phone

22. Preparing for Cross During Direct Direct Notes Cross Notes Never takes to/picks up; never met with teacher or went to parent night Mom helps every night Only signed up after divorce filed See list of what Mom does; he does nothing • Children • School • Talks to teachers • Kids don’t need help with homework • Coach of soccer • “Equal” parent

23. List of What Mom Does • He does nothing! • He is a lazy *&%#@!! • I wake up the kids • I dress the kids for school • I feed them breakfast • I pack their lunches and check their back packs • I take them to school • He is such an *&%#@!! • I hate him. • I pick them up from school

24. List of What Mom Does • I take them to soccer • I feed them dinner • I make sure they get their homework done • I bathe them • I get them ready for bed • I tuck them in. • I can’t even believe this is happening. • Please tell the judge what an *&%#@! he is!

25. You stated you and your wife parented equally? He does nothing! He is a lazy *&%#@!! I wake up the kids I dress the kids for school I feed them breakfast I pack their lunches and check their back packs I take them to school He is such an *&%#@!! I hate him. I pick them up from school. • But their Mother wakes them up? • She dresses them for school? • She feeds them breakfast? • She packs their lunches? • She checks their backpacks? • She takes them to school? • She picks them up from school?

26. You stated you and your wife parented equally? I take them to soccer I feed them dinner I make sure they get their homework done I bathe them I get them ready for bed I tuck them in. I can’t even believe this is happening. Please tell the judge what an *&%#@! he is! • She takes them to soccer? • Even though you’re the coach? • She takes them home? • She feeds them dinner? • She makes sure their homework gets done? • She bathes them? • She gets them ready for bed? She tucks them in? • She does it all, doesn’t she?

27. Preparing for Cross During Direct Direct Notes Cross Notes Never takes to/picks up; never met with teacher or went to parent night Mom helps every night Only signed up after divorce filed See list of what Mom does; he does nothing • Children • School • Talks to teachers • Kids don’t need help with homework • Coach of soccer • “Equal” parent

28. Preparing for Cross During Direct • Never takes to/picks up; never met with teacher or went to parent night • No, mom helps every night • Only signed up after divorce filed • See list of what Mom does; he does nothing • You don’t take the kids to school? • So you don’t go into the school and talk to the teachers because you’re not there? • You’ve never been to parent night? • The kids don’t do their own homework? Your wife helps them every night, doesn’t she? • You only started coaching after the divorce was filed? Before that, you never even went to a game, did you?

29. Preparing for Cross During Direct Direct Notes Cross Notes Includes Botox 500/month $500.00 is for strip club Burner phone (found in his briefcase) • Expenses • Mortgage/Utilities • “Medical Treatment” $700.00!!! • Car payment • Entertainment $500 is for children • Credit Cards • One Cell phone

30. Includes Botox 500/month • $500.00 is for strip club • Burner phone (found in his briefcase) • That $700.00 per month for “medical treatment” includes $500.00 for botox, doesn’t it? • The $500.00 you claim to spend on the children’s entertainment each month is really what you spent on strip clubs, isn’t it. • In fact, that’s where you met your girlfriend, Jane Smith? Who lives with you? • You have a special burner phone that you use to talk to Jane?

31. Preparing for Cross During Direct Direct Notes Cross Notes Lives with girlfriend, Jane Smith (per Private Inv.) Salary $1000/week (paystub); trying to exclude commission Liquor store receipt/bill/clubs • Name • Address • Lives alone • Work • Salary $750/week • Regular hours 9-5 • Drink “rarely”

32. Lives with girlfriend, Jane Smith (per Private Inv.) • Salary $1000/week (paystub); trying to exclude commission • Liquor store receipt/bill/clubs • You live with your girlfriend? • Your salary is actually $1,000.00 per week? You make a commission of $250.00 per week? • You testified you “rarely” drink, but you spend at least $100.00 week on vodka, don’t you? Not to mention the $500.00 at the strip clubs, or does that all go to tips for the dancers?

33. Practice Converting the Bad List to Cross Bad List Cross You had an affair? You bought her gifts? You chose her over your children? You took her to Vegas over Father’s Day? You didn’t even call your children? • Affair. • Spent community $$ on her. • Saw her instead of kids. • Took her to Vegas over Father’s Day. • Didn’t call the kids.

34. Practice Converting the Bad List to Cross Bad List Cross You had an affair? You bought hergifts? You chose her over your children? You took her to Vegas over Father’s Day? You didn’t even call your children? • Affair. • Spent community $$ on her. • Saw her instead of kids. • Took her to Vegas over Father’s Day. • Didn’t call the kids.

35. Loop the List[Chose Girlfriend Over Children] • You chose your girlfriend over your children? • [Loop 1] You chose her when you took her to Vegas over Father’s Day Weekend? • [Loop 2] You chose her when you took her to Vegas over Father’s Day Weekend and didn’t even call your kids?

36. Loop the List[Affair/Gifts] • You had an affair? • [Loop 1] While you were having an affair, you bought her gifts? • [Loop 2] While you were having an affair, you bought her gifts of lingerie, jewelry and roses?

37. Practice Converting the Bad List to Cross Bad List Cross You drink vodka every day? You hide bottles under your mattress? You keep small/mini bottles in your purse? You drink in the car? You drink at your children’s games? You embarrass your children? • She drinks vodka every day. • Bottles hidden under the mattress. • Small bottles in purse. • In car. • Drunk at children’s games. • Embarrassing.

38. Converting the Bad List to Cross Bad List Cross You drink vodka every day? You hide bottles under your mattress? You keep small/mini bottles in your purse? You drink in the car? You drink at your children’s games? You embarrass your children? • She drinks vodka every day. • Bottles hidden under the mattress. • Small bottles in purse. • In car. • Drunk at children’s games. • Embarrassing.

39. Loop the List[Drinking I] • You drink on Friday nights? • [Loop 1] During high school football season, you drink on Friday nights and then go to your son’s football games? • [Modified Loop 2] You go to your son’s football games drunk? • [Loop 3] You go to your son’s football games drunk and it’s an embarrassment to your son?

40. Loop the List[Drinking II] • You drink? • [Loop 1] Your drink of choice is vodka? • [Loop 2] You drink vodka that you hide under your mattress. • [Loop 3] You drink vodka that you keep in your purse.

41. Loop the List[Drinking III] • You keep vodka in your car? • [Loop 1] You keep vodka in your car so you can drink while you’re in your car? • [Modified Loop 2] You drink and drive? • [Loop 3] You drink and drive with your kids in the car.

42. Practice Converting the Bad List to Cross Bad List Cross You like to gamble? You cash your paycheck every Friday and take it straight to the casino, don’t you? You gamble away your money instead of paying bills? You gamble away your money instead of paying child support? You gamble away your money instead of buying food for the pantry? When your kids are hungry, the cupboards are bare, aren’t they? • He likes to gamble • He cashes his paycheck and gambles it away every Friday • Doesn’t pay the bills • Doesn’t pay child support • Doesn’t buy food for the house

43. Practice Converting the Bad List to Cross Bad List Cross You like to gamble? You cash your paycheck every Friday and take it straight to the casino, don’t you? You gamble away your money instead of paying bills? You gamble away your money instead of paying child support? You gamble away your money instead of buying food for the pantry? When your kids are hungry, the cupboards are bare, aren’t they? • He likes to gamble • He cashes his paycheck and gambles it away every Friday • Doesn’t pay the bills • Doesn’t pay child support • Doesn’t buy food for the house

44. Loop the List[Gambling] • You like to gamble? • [Loop 1] You gamble every time you get your paycheck? • [Loop 2] You gamble every time you get your paycheck instead of paying your child support?

45. Practice Converting the Bad List to Cross Bad List Cross Your Wife had Thanksgiving possession this year? You recall the Court made orders awarding you phone access during Thanksgiving? You went skiing with your girlfriend, [didn’t you]? You didn’t call your children? • Mom has Thanksgiving possession this year. • The Court made orders for specific dates and times for Dad to have phone contact with the children over Thanksgiving. • He went skiing with his girlfriend over Thanksgiving. • He didn’t call his children.

46. Loop the List[Didn’t Call the Children] • You didn’tcall your children? • [Loop 1] You didn’t call your children during the only time the court allowed you to call? • [Loop 2] You didn’t call your children during the only time the court allowed you to call because you were with your new girlfriend?

47. Loop the List[Undisclosed Bank Account] • You have another bank account that was not listed on your inventory? • [Loop 1] You have another bank account you didn’t tell your wife about? • [Loop 2] You have another bank account you didn’t tell your wife about that you’ve been transferring community funds into?

48. Loop the List[DWI] • You got a DWI? • [Loop 1] You got a DWI while you were in possession of your son? • [Loop 2] You got a DWI while you were in possession of your son, even though you were enjoined from consuming alcohol?

49. Loop the List[Cheating] • You were cheating on your husband? • [Loop 1] You were cheating on your husband and lied to him about it? • [Loop 2] You were cheating on your husband and lied to him about it while you were both trying to reconcile the marriage?

50. Looping[Video gaming] • You play Halo? • [Loop 1] You play Halo after work? • [Loop 2] You play Halo after work almost every day? • [Loop 3] You’re usually playing Halo after work when your son comes home from school? • [Loop 4] You play Halo instead of spending time with your son?